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Why Claim Substantiation Matters

An unsubstantiated advertising claim can derail an otherwise effective marketing campaign. Please join Applied Marketing Science (AMS) on November 7th, 2017 at 2 pm EST for a half-hour webinar where...

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Claim Substantiation

Genericness survey cited as a basis for ruling that the Booking.com trademark is not generic

In the end, a consumer survey helped carry the day for Booking.com.

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Genericness, Trademark

Trademark dilution surveys: the senior user must first prove that its mark is famous

Before commissioning a trademark dilution survey, plaintiffs must first establish that its senior mark is famous. One of the most widely used and accepted methods for establishing fame is to conduct...

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Trademark

The importance of consumer surveys in deceptive advertising matters

Litigants in false advertising matters can often underestimate the impact of consumer surveys in proving or refuting allegations of deception. One example is Trex Co. v CPG International, two...

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Deceptive Advertising

The importance of survey evidence to establish secondary meaning and likelihood of confusion

In Milk Street Cafe, Inc. vs. CPK Media, LLC, the plaintiffs claimed that their “Milk Street Cafe” trademark had acquired secondary meaning and that CPK’s use of the “Christopher Kimball’s Milk...

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Trademark

Miami federal judge approves class action settlement based on AMS conjoint analysis survey

July 24, 2017

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Class Action/Class Certification, Conjoint Analysis, News

Advertising claims: Claims Substantiation and Consumer Perception – Part 2

Last week, we offered tips on how to take consumer perception into account when planning claim substantiation research to evaluate support for your advertising claims. Today, we continue the...

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Claim Substantiation

Advertising Claims: Claims Substantiation and Consumer Perception

When planning claim substantiation research to evaluate support for a new advertising claim, it’s important to look beyond “literal" claim substantiation and also consider the messages that consumers...

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Claim Substantiation

Frequently Asked Questions about Surveys for IP Cases

As a follow-up to our webinar, “Survey Evidence in Intellectual Property (and other) Litigation,” Applied Marketing Science answers a few questions about surveys for intellectual property cases.

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Trademark

AMS Webinar: Conjoint Analysis for Class Action Litigation

Conjoint analysis surveys are one of the most powerful tools available to provide a basis for the calculation of damages in class action litigation. Yet, despite the increasing use of such surveys,...

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Conjoint Analysis

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